Proposed Rules. Correcting amendments

Agency: Environmental Protection Agency (EPA)
Action: Correcting amendments
Citation: FR Doc. 2018-16605 · RIN 2050-AG67 · RIN 2060-AS92 · EPA-HQ-OAR-2016-0442; FRL-9981-06-OAR · Corrected · 40 CFR 63, 300

Summary

On January 9, 2017, the Environmental Protection Agency published a final rule which added subsurface intrusion component to the Superfund Hazard Ranking System. That document inadvertently failed to update the Table of Contents and contained a few other typographical errors. This document corrects the final regulation.

Dates

This correction is effective August 3, 2018.

Supplementary Information

This is EPA's erratum to the final rule titled Addition of a Subsurface Intrusion Component to the Hazard Ranking System, published January 9, 2017 (82 FR 2760). This is the second set of corrections. The first set of corrections was published in the Federal Register on January 31, 2018 (83 FR 4430). This document augments those corrections. Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B), provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. See Utility Solid Waste Activities Group v. EPA, 236 F.3d 749, 752 (D.C. Cir. 2001). We have determined that there is good cause for making these correcting amendments final without prior proposal and opportunity for public comment. Notice and comment is unnecessary because these administrative or clerical corrections govern the methodology of how EPA, rather than the public or industry, evaluates contaminated sites under the Hazard Ranking System. Similarly, notice and comment is impracticable and contrary to the public interest because the correcting amendments will more quickly ensure that EPA is following the proper procedures to evaluate potential threats to public health from releases of hazardous substances, pollutants, or contaminants. Thus, good cause exists to proceed without notice and public comment. These correcting amendments are effective immediately upon publication. Section 553(d) of the APA, 5 U.S.C. 553(d), provides that final rules shall not become effective until 30 days after publication in the Federal Register , “except . . . as otherwise provided by the agency for good cause,” among other exceptions. The purpose of this provision is to “give affected parties a reasonable time to adjust their behavior before the final rule takes effect.” Omnipoint Corp. v. FCC, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting legislative history). Thus, in determining whether good cause exists to waive the 30-day delay, an agency should “balance the necessity for immediate implementation against principles of fundamental fairness which require that all affected persons be afforded a reasonable amount of time to prepare for the effective date of its ruling.” Gavrilovic, 551 F.2d at 1105. EPA has determined that there is good cause for making these correcting amendments effective immediately because, as stated above, the corrections govern how EPA, rather than the public or industry, applies the Hazard Ranking System to evaluate potential threats to public health from releases of hazardous substances, pollutants, or contaminants. Accordingly, EPA finds that good cause exists under section 553(d)(3) to make this rule effective immediately upon publication. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Natural resources, Oil pollution, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Dated: June 29, 2018. Barry N. Breen, Acting Assistant Administrator, Office of Land and Emergency Management. 40 CFR part 300 is corrected as follows: PART 300—NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN 1. The authority citation for part 300 continues to read as follows: Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193. 2. Amend Appendix A to Part 300 by: a. In the Table of Contents revising the entries for “5.0” through “5.3”; and b. Revising Table 2-5, Table 5-16, and Table 7-1. The revisions read as follows: Appendix A to Part 300—The Hazard Ranking System Table of Contents List of Figures List of Tables 5.0 Soil Exposure and Subsurface Intrusion Pathway. 5.0.1 Exposure components. 5.1 Soil exposure component. 5.1.0 General considerations. 5.1.1 Resident population threat. 5.1.1.1 Likelihood of exposure. 5.1.1.2 Waste characteristics. 5.1.1.2.1 Toxicity. 5.1.1.2.2 Hazardous waste quantity. 5.1.1.2.3 Calculation of waste characteristics factor category value. 5.1.1.3 Targets. 5.1.1.3.1 Resident individual. 5.1.1.3.2 Resident population. 5.1.1.3.2.1 Level I concentrations. 5.1.1.3.2.2 Level II concentrations. 5.1.1.3.2.3 Calculation of resident population factor value. 5.1.1.3.3 Workers. 5.1.1.3.4 Resources. 5.1.1.3.5 Terrestrial sensitive environments. 5.1.1.3.6 Calculation of resident population targets factor category value. 5.1.1.4 Calculation of resident population threat score. 5.1.2 Nearby population threat. 5.1.2.1 Likelihood of exposure. 5.1.2.1.1 Attractiveness/accessibility. 5.1.2.1.2 Area of contamination. 5.1.2.1.3 Likelihood of exposure factor category value. 5.1.2.2 Waste characteristics. 5.1.2.2.1 Toxicity. 5.1.2.2.2 Hazardous waste quantity. 5.1.2.2.3 Calculation of waste characteristics factor category value. 5.1.2.3 Targets. 5.1.2.3.1 Nearby individual. 5.1.2.3.2 Population within 1 mile. 5.1.2.3.3 Calculation of nearby population targets factor category value. 5.1.2.4 Calculation of nearby population threat score. 5.1.3 Calculation of soil exposure component score. 5.2 Subsurface intrusion component. 5.2.0 General considerations. 5.2.1 Subsurface intrusion component. 5.2.1.1 Likelihood of exposure. 5.2.1.1.1 Observed exposure. 5.2.1.1.2 Potential for exposure. 5.2.1.1.2.1 Structure containment. 5.2.1.1.2.2 Depth to contamination. 5.2.1.1.2.3 Vertical migration. 5.2.1.1.2.4 Vapor migration potential. 5.2.1.1.2.5 Calculation of potential for exposure factor value. 5.2.1.1.3 Calculation of likelihood of exposure factor category value. 5.2.1.2 Waste characteristics. 5.2.1.2.1 Toxicity/degradation. 5.2.1.2.1.1 Toxicity. 5.2.1.2.1.2 Degradation. 5.2.1.2.1.3 Calculation of toxicity/degradation factor value. 5.2.1.2.2 Hazardous waste quantity. 5.2.1.2.3 Calculation of waste characteristics factor category value. 5.2.1.3 Targets. 5.2.1.3.1 Exposed individual. 5.2.1.3.2 Population. 5.2.1.3.2.1 Level I concentrations. 5.2.1.3.2.2 Level II concentrations. 5.2.1.3.2.3 Population within area(s) of subsurface contamination. 5.2.1.3.2.4 Calculation of population factor value. 5.2.1.3.3 Resources. 5.2.1.3.4 Calculation of targets factor category value. 5.2.2 Calculation of subsurface intrusion component score. 5.3 Calculation of the soil exposure and subsurface intrusion pathway score. Table 2-5—Hazardous Waste Quantity Evaluation Equations Tier Measure Units Equation for assigning value a A Hazardous constituent quantity (C) lb C. B b Hazardous wastestream quantity (W) lb W/5,000. C b Volume (V) Landfill yd 3 V/2,500. Surface impoundment yd 3 V/2.5. Surface impoundment (buried/backfilled) yd 3 V/2.5. Drums c gallon V/500. Tanks and containers other than drums yd 3 V/2.5. Contaminated soil yd 3 V/2,500. Pile yd 3 V/2.5. Other yd 3 V/2.5. D b Area (A) Landfill ft 2 A/3,400. Surface impoundment ft 2 A/13. Surface impoundment (buried/backfilled) ft 2 A/13. Land treatment ft 2 A/270. Pile d ft 2 A/13. Contaminated soil ft 2 A/34,000. a Do not round to nearest integer. b Convert volume to mass when necessary: 1 ton = 2,000 pounds = 1 cubic yard = 4 drums = 200 gallons. c If actual volume of drums is unavailable, assume 1 drum=50 gallons. d Use land surface area under pile, not surface area of pile. Table 5-16—Values for Vapor Pressure and Henry's Constant Assigned value Vapor Pressure (Torr): Greater than 10 3 1 to 10 2 Less than 1 0 Henry's Constant (atm-m 3 /mol): Greater than 10 − 3 3 Greater than 10 − 4 to 10 − 3 2 10 − 5 to 10 − 4 1 Less than 10 − 5 0 Table 7-1—HRS Factors Evaluated Differently for Radionuclides Ground water pathway Status a Surface water pathway Status a Soil exposure component of SESSI pathway Status a Subsurface intrusion component of SESSI pathway Status a Air pathway Status a Likelihood of Release Likelihood of Release Likelihood of Exposure Likelihood of Exposure Likelihood of Release Observed Release Yes Observed Release Yes Observed Contamination Yes Observed Exposure Yes Observed Release Yes. Potential to Release No Potential to Release No Attractiveness/Accessibility to Nearby Residents No Potential for Exposure Yes Gas Potential to Release No. Containment No Overland Flow Containment No Area of Contamination No Structure Containment No Gas Containment No. Net Precipitation No Runoff No Depth to Contamination Yes Gas Source Type No. Depth to Aquifer No Distance to Surface water No Vertical migration No Gas Migration Potential No. Travel Time No Flood Frequency No Vapor Migration Potential No Particulate Potential to Release No. Flood Containment No Area of Observed Exposure No Particulate Containment No. Area of Subsurface Contamination No Particulate Source Type No. Particulate Migration Potential No. Waste Characteristics Waste Characteristics Waste Characteristics Waste Characteristics Waste Characteristics Toxicity Yes Toxicity/Ecotoxicity Yes/Yes Toxicity Yes Toxicity/Degradation Yes/Yes Toxicity Yes. Mobility No Persistence/Mobility Yes/No Hazardous Waste Quantity Yes Hazardous Waste Quantity Yes Mobility No. Hazardous Waste Quantity Yes Bioaccumulation Potential No Hazardous Waste Quantity Yes. Hazardous Waste Quantity Yes Targets Targets Targets Targets Targets Nearest Well Yes b Nearest Intake Yes b Resident Individual Yes b Exposed Individual Yes b Nearest Individual Yes. b Population Yes b Drinking Water Population Yes b Resident Population Yes b Population Yes b Population Yes. b Resources No Resources No Workers No Resources No Resources No. Wellhead Protection Area No Sensitive Environments Yes b Resources No Sensitive Environments No. Human Food Chain Individual Yes b Terrestrial Sensitive Environments No Human Food Chain Population Yes b Nearby Individual Population Within 1 Mile No No. a—Factors evaluated differently are denoted by “yes”; factors not evaluated differently are denoted by “no”. b—Difference is in the determination of Level I and Level II concentrations. [FR Doc. 2018-16605 Filed 8-2-18; 8:45 am]